HomeMy WebLinkAboutCross-Reference/First Amendment to Access and Use Declaration - Sophia Square ..REVIEWED BY HAMILTON 4.
COUNTY AUDITOR'S OFFICE )wI
2013025914 AMENDMENT $19.00
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0110 Mar L. Clark HAMILTON County Recorder IN
Recorded as Presented
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The Access and Use Declaration amended by this First Amendment to Access and Use Declaration is
recorded in the Office of the Hamilton County Recorder as Instrument Number 2009015884.
FIRST AMENDMENT
TO
ACCESS AND USE DECLARATION
This First Amendment to Access and Use Declaration (the "Amendment"), executed the
26 day of /t4er(ik ,2013,executed by Carmel Lofts LLC(the"Declarant"),and acknowledged
by The City of Carmel Redevelopment Commission ("CRC"), Witnesses:
Recitals
WHEREAS, Declarant executed that certain Access and Use Declaration recorded in the
Recorder's Office as Instrument Number 2009015884 (the "Declaration");
WHEREAS, Declarant seeks to amend the Declaration to: (a) modify the notice period
required to change the location of the CRC Spaces; and (b) clarify that the Declaration runs with and binds
the Project Site; and
WHEREAS, Declarant desires to execute this Amendment;
Agreement
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are acknowledged hereby, the parties agree as follows:
1. Location of CRC Spaces. Subsection 4(b)of the Declaration hereby is amended and replaced in
its entirety by the following:
"(b) Location of CRC Spaces.
(i) Until such time as Declarant has conveyed the Garage to CRC
pursuant to the Garage Installment Contract, Declarant, as the Garage
Owner, shall have the right: (A) to determine the initial location of the CRC
Spaces; and (B) from time to time and upon delivery of written notice to
CRC at least 15 days in advance, to change the location of the CRC
Spaces; provided that Declarant, at its cost, shall be obligated to move
CRC's existing signage,or install new signage,so that the then current CRC
Spaces properly are identified.
(ii) after such time as Declarant has conveyed the Garage to CRC
pursuant to the Garage Installment Contract,the Major Building Owner shall
have the right,from time to time and upon delivery of written notice to CRC
at least 15 days in advance, to change the location of the CRC Spaces;
provided that the Major Building Owner, at its cost, shall be obligated to
move CRC's existing signage, or install new signage, so that the then
current CRC Spaces properly are identified.
Notwithstanding the foregoing, the CRC Spaces: (a) shall be located in blocks of no fewer
than 50 Parking Spaces; and (b) shall not include any Retained Spaces, as all Retained
Spaces shall be permanent Building Owner Spaces."
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2. Binding Effect. The following language hereby is added to the beginning of Section 10 of the
Declaration:
"This Declaration, and the benefits thereof, shall: (a) run with the Building and the Garage,
as applicable; and (B) inure to the benefit of the applicable Beneficiaries and the Parties in
Interest. This Declaration, and the burdens thereof, shall: (a)run with and bind the Building
and the Garage, as applicable; and (B) bind the Building Owner,the Garage Owner,and all
other Parties in Interest, as applicable. Each Conveyance Instrument shall be deemed to
impose,as an encumbrance upon such interest,the burden and restriction of this Declaration
regardless of whether the Conveyance Instrument expressly im poses such encumbrance and
restriction."
8. Miscellaneous. All capitalized words used in this Amendment and not defined herein shall have the
meanings ascribed to such words in the Declaration. In the event of any conflict between the Declaration and
this Amendment,the terms and conditions of this Amendment shall control. Except as expressly provided
in this Amendment,all of the terms and conditions of the Declaration shall remain in full force and effect. CRC
is executing this Amendment for the sole purpose of acknowledging and approving this Amendment.
[Signature page to follow.]
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IN WITNESS WHEREOF, Declarant has executed this Declaration as of the date first set
forth above.
CARMEL LOFTS LLC
By: Keystone Gro. p LLC, Member
BY: /IL Lam_
Ersal izdemir, Member
Acknowledged and Approved
CRC has acknowledged and approved this Amendment as of the date first set forth above.
THE CITY OF CARMEL
REDEVELOPMENT COMMISSION
By: . �/ .��4I 61,041i14
William Ha 'er, -resisen
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ACKNOWLEDGMENTS
STATE OF INDIANA )
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COUNTY OF m4C--lb6..) )
Before me, a Notary Public in and for the State of Indiana, personally appeared Ersal
Ozdemir, Member of Keystone Group LLC, Member of Carmel Lofts LLC, who acknowledged the execution
of the foregoing First Amendment to Access and Use Declaration on behalf of such entity.
WiAN60W ke and.Notarial Seal this 15 day of ta P R-0-14 , 2013.
NOTARY PUBLIC
SEAL By: QD
" L pe,2 QD
STATE OF INDIANA Notary Public
MARION COUNTY
PAY COMMISSION EXPIRES: ,�A 20(,L1--
NOVEMBER 8.2016 Printed Name: �N 4 QSp, I \
I am a resident of INN NR1 ON _County, Indiana.
My commission expires (1W 8 '44 .
STATE OF INDIANA )
) SS:
COUNTY OF
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Before me, a Notary Public in and for the State of Indiana, personally appeared William
Hammer,the President of The City of Carmel Redevelopment Commission,who acknowledged the execution
of the foregoing First Amendment to Access and Use Declaration on behalf of such entity.
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WITNESS my hand and Notarial Seal this e...-day of_ P4 is C 4 , 2013.
,b J\ A A — A 'w — A.M a_die !Y
MATTHEW DANE WORTHLEY P By' ..-------/41 Notary Public -Seal 4 Notary Public
State of Indiana If
My Commissioh Expires Jan 16,2019. Printed Name:
I am a resident of N,M, 14-e"_County, Indiana.
My commission expires 1/ 16/ 1 1 .
Return following recording to:
The City of Carmel Redevelopment Commission
30 West Main Street, Suite 220
Carmel, Indiana 46032.
This instrument was prepared by Ryan R.Wilmering,Attorney-At-Law,Wallack Somers&Haas,One Indiana
Square, Suite 2300, Indianapolis, Indiana 46204. I affirm, under the penalties for perjury, that I have taken
reasonable care to redact each Social Security number in this document, unless required by law.
Ryan R. Wilmering.
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